The citizens of Raymore have a right to expect that every elected official will conduct themselves in a manner that will tend to preserve public confidence in and respect for the government they represent. This chapter lists the types of conduct that elected officials shall be prohibited from engaging in, and governs the procedure for the investigation, judgment and discipline of any elected official who is allegedly in violation.
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Mayor. The Mayor shall not at any time during his term of office lack any qualification for the office prescribed by Section 4.2(a) of the City Charter and Section 110.010 of the City Code.
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Councilmembers. No Councilmember shall at any time during his term of office lack any qualification for the office prescribed by Section 3.2(b) of the City Charter and Section 110.010 of the City Code.
Except where authorized by law or pursuant to an agreement between the City and another entity of government, no elected official shall hold any other compensated elected governmental office or any City employment during the term for which they were elected to office.
No elected official shall be convicted of a felony during their term of office.
No elected official shall fail to pay, by its original due date without valid reason, any valid tax or assessment that is owed to the City which is being disputed in good faith.
No elected official shall fail to attend three (3) consecutive regular meetings of the Council or more than twenty-five percent (25%) of the Council's regular meetings or work sessions during any twelve-month period without being excused by the Council.
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Impartiality. No elected official shall grant or make available to any person any consideration, treatment, advantage or favor beyond that which it is the general practice to grant or make available to the public at large.
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No elected official shall request, use or permit the use of any publicly owned or publicly supported property, vehicle, equipment, labor or service for the personal convenience or the private advantage of himself or any other person. This Section shall not be deemed to prohibit an elected official from requesting, using or permitting the use of such publicly owned or publicly supplied property, vehicle, equipment, material, labor or service which it is the general practice to make available to the public at large or which are provided as a matter of stated public policy for the use of officials and employees in the conduct of official business.
No elected official shall violate the conflicts of interest and disclosure provisions of Chapter 125 of the City Code.
No elected official shall accept any valuable gift, whether in the form of service, loan, thing or promise, from any person which to his knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the City; nor shall any such elected official (1) accept any gift, favor or thing of value that may tend to influence him in the discharge of his duties, or (2) grant in the discharge of his duties any improper favor, service or thing of value. The prohibition against gifts or favors shall not apply to an occasional non pecuniary gift, insignificant in value, or an award publicly presented in recognition of public service, or any gift that would have been offered or given if he were not an elected official. Purchase of a meal for an elected official shall not be deemed a valuable gift, but shall be disclosed on the record unless the meal would have been purchased if he were not an elected official.
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No elected official shall, without prior formal authorization of the public body having jurisdiction, disclose any confidential information concerning any other official or employee, or any other person, or any property or governmental affairs of the City.
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No elected official shall use or permit the use of any confidential information to advance the financial or personal interest of himself or any other person.
Except as provided under Section 3.11 of the City Charter, the Council or its individual members shall not interfere with or provide direction to City Officers and employees who are subject to the direction and supervision of the City Manager except through the City Manager, and neither the Council nor its individual members shall give orders to any such officer or employee, either publicly or privately. Neither the Council or any of its individual members shall in any manner dictate the appointment or removal of any City administrative officers or employees whom the City Manager or the City Manager's subordinates are empowered to appoint, but the Council as a group may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of such officers and employees.
No elected official shall knowingly violate the State's open meetings and records laws, namely Chapter 610 RSMo.
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When any elected official has a doubt as to the applicability of any provision of this chapter to a particular situation, or as to the definition of terms used herein, they may apply to the City Attorney for an advisory opinion. The elected official shall have the opportunity to present their interpretation of the facts at issue and of the applicability of provisions of the Chapter before such advisory opinion is made.
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Such advisory opinion, if relied upon by an elected official, shall be strongly considered as a defense in any subsequent actions concerning the elected official who sought the opinion and acted on it in good faith, unless material facts were omitted or misstated in the request for an advisory opinion.
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Appointment. If a motion to appoint a Hearing Officer is made and seconded, and receives a majority vote of the Council, then the Mayor (or the Mayor Pro Tempore, if applicable) shall, with the advice and consent of a majority of the Council, appoint a person to act as a Hearing Officer to determine if an elected official has violated provisions of this Chapter. Upon appointment, the Hearing Officer shall have jurisdiction over alleged violations of this chapter and shall serve for a term of two (2) years, unless discharged by the Mayor upon a majority vote of the City Council before the expiration of said term.
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Qualifications And Powers. The Hearing Officer shall hold no other office or employment with the City, and shall have the power to subpoena witnesses, administer oaths, take testimony and require the production of evidence to a public hearing held before the Hearing Officer in accordance with all the requirements of due process. The Hearing Officer may seek the advice of the City Attorney regarding violations of this Chapter; however, if the City Attorney gave an advisory opinion as to the alleged violation, the Hearing Officer may, with a majority vote of the Council, retain independent legal counsel to assist and advise them and/or the Council regarding interpretation of this Chapter and the operation and/or effect of this Chapter to any factual pattern.
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Findings And Conclusions. The Hearing Officer shall make written findings of fact and conclusions of law based thereon as it relates to a determination concerning whether or not the conduct of the elected official was in violation of this Chapter, and shall, upon conclusion of his investigation, report his findings and conclusions to the City Council.
Violation of any provision contained in Sections 111.030 through 111.070 of this Chapter shall constitute a cause for forfeiture of office and declaring of a vacant seat by the Council pursuant to Section 3.8 of the Raymore Charter. Violation of any provision contained in Sections 111.080 through 111.130 of this Chapter may constitute a cause for censure, suspension, forfeiture of office including declaring of a vacant seat by the Council pursuant to Section 3.8 of the Raymore Charter, or other disciplinary action. However, the City Council shall not impose sanctions upon an elected official unless such sanctions receive an affirmative vote of three-fourths (3/4) of the members of the Council.
Decisions made by the City Council under this Chapter shall be subject to review by the Courts as a contested case pursuant to Sections 536.100 through 536.140 RSMo.
The City Clerk shall distribute a copy of this Chapter to every elected or appointed official before beginning the duties of office or immediately after any amendments are approved.
If any provision of this Chapter is found by a court of competent jurisdiction to be invalid or unconstitutional, or if the application of this Chapter to any person or circumstances is found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this Chapter which can be given effect without the invalid or unconstitutional provision or application.